Judgment of the Court (Sixth Chamber) of 1 July 2010 — European Commission v Kingdom of Spain

(Case C-363/09) [1]

Parties

Applicant: European Commission (represented by: L. Parpala and F. Jimeno Fernández, acting as Agents)

Defendant: Kingdom of Spain (represented by: J. López-Medel Bascones, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1) — Data accompanying the application — Data use and protection — Confidentiality

Operative part of the judgment

The Court:

1. Declares that by maintaining in force Article 38 of Ley 43/2002 de sanidad vegetal (Law 43/2002 on plant health) of 20 November 2002, the Kingdom of Spain has failed to fulfil its obligations under Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market;

2. Orders the Kingdom of Spain to pay the costs.

[1] OJ C 267, 7.11.2009.

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